Rahul Kumar Routray@Bablu@Rahul Raoutara Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Rahul Kumar Routray@Bablu@Rahul Raoutara Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of as not pressed with liberty to the Petitioners to raise all points at a later stage; liberty to surrender before the learned JMFC-II (Cog. Taking), Cuttack within three weeks and move for bail, with directions for first-hour consideration by the Magistrate and same-day second-hour consideration by the higher forum maintaining parity if applicable; Case Diary and records directions issued.

Issue for consideration

Whether the initiation of criminal proceeding in connection with Tangi P.S Case No.403 of 2025 (G.R Case No.1823 of 2025) pending before the learned JMFC-II (Cog. Taking), Cuttack should be quashed under Section 528 of the BNSS. (Raised by prayer; not adjudicated as the application was not pressed.)

Court's answer

The CRLMC stands disposed of as not pressed, with liberty to the Petitioners to raise all points at a later stage by filing an appropriate application.

Ratio / Principle

Liberty granted to the Petitioners, in view of co-accused having been enlarged on bail and their willingness to cooperate, to surrender before the learned JMFC-II (Cog. Taking), Cuttack within three weeks and move for bail; the learned Magistrate to consider the bail application in the first hour strictly on the basis of the materials on record.

Key takeaways

In case of rejection of the bail application, the Petitioners may move the higher forum in the second hour, which shall consider and dispose of the bail application on the same day strictly on the materials on record, maintaining the principles of parity if applicable.ratio¶20
Case Diary to be made available to the concerned courts on an application filed prior to surrender; records to be transmitted to the higher forum at the cost of the Petitioners, if applied for.ratio¶21

Detailed headnote1 paragraphs

Quashing application under Section 528 of the BNSS (CRLMC No.5636 of 2025) against initiation of criminal proceeding in Tangi P.S Case No.403 of 2025, corresponding to G.R Case No.1823 of 2025, pending before the learned JMFC-II (Cog. Taking), Cuttack — not pressed; disposed of as not pressed with liberty to the Petitioners to raise all points at a later stage. Noting that some co-accused had been enlarged on bail and the Petitioners were ready and willing to cooperate with the trial court, the Court granted liberty to the Petitioners to surrender before the learned JMFC-II within three weeks and move for bail; the learned Magistrate to consider the bail application in the first hour strictly on the basis of the materials on record; in case of rejection, the Petitioners may move the higher forum in the second hour, which shall consider and dispose of the application on the same day on the materials on record, maintaining parity if applicable. Case Diary to be made available to the concerned courts on an application prior to surrender; records to be transmitted to the higher forum at the Petitioners' cost, if applied for. (Aditya Kumar Mohapatra, J.; order dated 06.01.2026.)

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5636 of 2025

Rahul Kumar Routray @ ..... Bablu @ Rahul Raoutara &

Petitioners

Ors.

Represented by Adv. - Sushanta Kumar Samantaray

-versus-

State Of Odisha

..... Opp. Party Represented by Adv. – U.C. Jena, A.S.C.

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

06.01.2026

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the parties and perused the records.

This is an application under Section 528 of the BNSS has been filed by the Petitioners with a prayer to quash the initiation of criminal proceeding in connection with Tangi P.S Case No.403 of 2025 which corresponds to G.R Case No.1823 of 2025 pending in the court of the learned JMFC-II (Cog. Taking), Cuttack.

Learned counsel for the Petitioners during course of argument submits that the Petitioners do not want to press this application with liberty to the Petitioners to raise all the points at a later stage by filing an appropriate application.

Page 1 of 2.

Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for.

Further, taking into consideration the submissions made by learned counsel for the Petitioners that some of the co-accused persons have been enlarged on bail and the Petitioners are ready and willing to cooperate with the learned trial court, this Court grants liberty to the Petitioners to surrender before the learned JMFC-II (Cog. Taking), Cuttack in the aforesaid case in the first hour within three weeks hence and move for bail. On such event, the learned Magistrate shall consider their application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioners may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioners on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioners before the court below. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for.

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra) Judge

Anil

Signature Not Verified

Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Jan-2026 14:05:37